Doctrine of Continuing Jurisdiction;Once jurisdiction is acquired, the court

retains the same until it finally disposes of the case.;

Subject Matter Jurisdiction;The power to hear and determine cases of the general
class to which the proceedings in question belong;
Aspects of Jurisdiction (SPIR);1) Jurisdiction over the subject matter 2)
Jurisdiction over the parties 3) Jurisdiction over the issues 4) Jurisdiction over
the res;
Doctrine of Primary Jurisdiction;If an administrative agency has jurisdiction over
a dispute, regular courts ought to respect that jurisdiction.;
Define Civil Action (EPR-PRW);Action that seeks for the enforcement or protection
of a right, or the prevention or redress of a wrong.;
Define Special Civil Action;An independent action based on specific ground subject
to specific rules.;
Define Criminal Action;Action that seeks to prosecute an act or omission punishable
by law.;
Define Special Proceeding (SRF);A remedy by which a party seeks to establish a
status, right, or a particular f>act.;
Cases where Rules of Court inapplicable (CLERINO);1) Cadastral 2) Land Registration
3) Election 4) Rehabilitation 5) Insolvency 6) Naturalization 7) Other cases;
Elements of Cause of Action (ROVB);1) Right in favor of the plaintiff by whatever
means and whatver law it arises or is created 2) Obligation on the part of the
named defendent to respect or not to violate such right 3) Act or omission on the
part of such defendant in violation of the right of such plaintiff or breach of the
obligation of the defendant to the plaintiff;
Define Anticipatory Breach;If the contract is divisible in its performance and the
future periodic deliveries are not yet due but the obligor has already manifested
his refusal to comply with his future periodic obligations, the contract is entire
and the breach total, hence there can only be one action for damages.;
Rules on Joinder of Causes of Action;1) Compliance with the rule on joinder of
parties 2) Joinder shall not imclude special civil actions or actions governed by
special rules 3) Where the causes of action are between the same parties but
pertain to different venues or jurisdiction, the joinder may be allowed in the RTC
with proper venue and jurisdiction over any of the causes of action 4) Where all
claims are principally for recovery of money, the aggregate amount claimed shall be
the test of jurisdiction.;
Who is a real party in interest?;One who stands to be benefited or injured by the
judgment of the case.;
When can an agent sue in his own name?;When: 1) the agent acted in his own name
during the transaction 2) the agent acted for the benefited of an undisclosed
principal 3) the transaction did not involve the property pf the principal;
Who is an indispensable party?;One whose interest in a case is such that a final
judgment cannot be rendered therein without affecting his interest.;
Who is a necessary party?;One who is note an indispensable party but who should be
joined as a party in order to accord a complete relief to the original parties or
to have a complete determination of the claim subject of the case.;
What are the requirements for automatic qualification as indigent parties?;Income
requirement: applicant's gross income and that of hos family must not exceed double
the monthly minimum wage Property requirement: applicant must not own real property
with FMV more than P300,000.00.;
Requisites of a class suit (CIS);1) The subject matter of the controversy is one of
common or general interest to many persons 2) That the parties are so numerous that
it is impracticable to bring them all before the court 3) The representatives are
sufficiently numerous as to fully protect the interests of all concerned.;
Requisites of a compulsory counterclaim (E3J);1) Arises out of or is necessarily
connected with the transaction or occurence that is the subject matter of the
opposing party's claim 2) Existing at the time of the filing of the answer 3) Does
not require for its adjudication the presence of third parties of whom the court
cannot acquire jurisdiction 4) Within the jurisdiction of the court.;
Test in determining propriety of third-party complaint (SLD);1) Whether claim
arises from the same transaction subject of complaint or is connected with the
plaintiff's claim though arising out of a different transaction 2) Whether 3rd
party defendant would be liable to the plaintiff or to the defendant for the
plaintiff's original claim 3) Whether the 3rd party defendant may assert any
defenses which the original defendant may raise against the original plaintiff;
What are the facts that must be alleged in a CNFS (CS5)?;1)Party has not commenced
or filed any claim involving the same issues in any court, tribunal, or quasi-
judicial agency and to the best of his knowledge, no such other claim or action is
pending therein 2) If there isi such, a complete statement of the present status
thereof 3) If he learns of such thereafter, he shall report that fact within 5 days
therefrom to the court.;
Persons who can sign the verification and CNFS without need of board resolution
(CPPGE);1) Chairperson 2) President 3) General Manager/Acting General Manager 4)
Personnel Officer 5) Employment Specialist in a labor case;
Facts which may be averred generally (MICKO);1) Performance of conditions
precendent 2) Malice 3)Intent 4) Other conditions of the mind;
Facts which must be averred with particularity (FMCAL);1) Fraud 2) Mistake 3)
Capacity to sue or be sued 4) Authority to sue or be sued in a representative
capacity 5) Legal existence of an organized association;
MTD exceptions to the omnibus motion rule (JRLP);1) Lack of jurisdiction over the
subject matter 2) Litis pendencia 3) Res Judicata 4) Prescription;
Instances where the court can motu propio dismiss an action (JRLPF);1) Lack of
jurisdiction over the subject matter 2) Litis pendencia 3) Res Judicata 4)
Prescription 5) Willful and deliberate forum shopping;
Grounds to dismiss which bar refiling (RPPF);1) Res Judicata 2) Prescription 3)
Payment 4) Unenforceable;
When is a defendant declared in default?;1) Failure to file an answer within the
allowed time 2) Failure to file pre-trial brief (defendant) 3) Failure to appear at
pre-trial (defendant) 4) Failure to comply with discovery (Rule 29);
Remedies of a party declared in default (SNRA);1) Before judgment, verified motion
to set aside order of default FAME + meritorious defense 2) After judgment before
finality, MNT 3) After judgment before finality, Appeal 4) After finality, Petition
for relief under Rule 38;

#evidence
Disqualification of witnesses (MIM DIP);1) Mental incapacity 2) Immature children
3) Marriage 4) Death or Insanity(Dead Man's Statute) 5) Privileged Communication
(MAP PP);
Privileges (MAP PP);1) Marital Communication 2) Attorney-Client 3) Physician-
Patient 4) Priest-Penitent 5) Public Interest;